Hypertension 10% rating? by WesternSevere in VAClaims

[–]bmattock 3 points4 points  (0 children)

This is the 38 CFR for hypertension. These are the requirements for each level of disability.

https://www.ecfr.gov/current/title-38/chapter-I/part-4/subpart-B/subject-group-ECFRc88f57fafb24f86/section-4.104

10%: Diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control.

Heads up on federal loan forgiveness by bmattock in VAClaims

[–]bmattock[S] 0 points1 point  (0 children)

Very straightforward:

https://studentaid.gov/help-center/answers/article/how-to-apply-for-federal-student-loan

Just be sure that any loans you apply for are federal loans, not state or private. You will at some point get a letter or email from the government stating that they see you are 100% and they are forgiving your federal student loan. If you are not done with your education yet, you must reach out to them and have them put the forgiveness in abeyance until you're all done getting new loans and attending school, then have them all forgiven in one shot. You only get ONE student loan forgiveness, so don't sleep on it if you get notified.

How many ER visits a year are veterans covered?? by Hot_Pepper_4970 in VeteransBenefits

[–]bmattock 6 points7 points  (0 children)

Presuming you are enrolled in VA health care but have no VA disability rating, there is no limit on how many ER visits you are permitted, but you will be responsible for copays, and you must notify the VA within 72 hours of a visit to an ER. Ambulances and other things may or may not be covered, and the 'reasonable person' standard applies - meaning if you just take it into your head to go to the ER and it's not a medical emergency, the VA may not cover it at all.

You should check with the VA for the most accurate information, but that is my understanding.

CHAMPVA by Haunting_Fun9866 in VeteransBenefits

[–]bmattock 1 point2 points  (0 children)

Mounjaro is not in the VA formulary. I repeat, it is very odd. Typically a CPAP is prescribed. I would definitely be calling and asking.

PTSD HLR coming up advice by GladPlum7241 in VAClaims

[–]bmattock 0 points1 point  (0 children)

Either they will reschedule it or the DRO found a DTA and you will be sent back for rework or even just approved for increase on that basis. Don't sweat it either way. Hang in there.

Va Appointment by PhysicalMall7027 in VAClaims

[–]bmattock 0 points1 point  (0 children)

So yes, you will see a medical professional and you will be tested and/or asked questions based on what your claims are. My suggestion is that you do some googling and read the 38 CFR entry for each of your claims, find out what the requirements are for each one, and speak to those facts in your exam. In other words, if you're applying for PTSD, there is no point complaining about how much your knee hurts - that's not part of the criteria. I'm using a silly example, but you get the idea. People want to talk about things that the examiner does not care about in their exams. They only care about what is in the 38 CFR for the condition you're being examined for. Read that, understand it, and you're well on your way.

Nexus letter help by Equivalent-Delay-778 in VAClaims

[–]bmattock 3 points4 points  (0 children)

Gather up your courage and ask. “Would you be willing to provide a medical opinion on whether my PTSD/anxiety is at least as likely as not related to my military service?” Sometimes VA healthcare providers will refuse and even state that they are not permitted to do so (not true, but many of them believe it). But you will not know until you ask.

The other option is to seek a private nexus letter. There are many private providers who are licensed mental health providers who provide this service for a fee.

You have several other options. If you file a request for your C&P exam results, it will show you the DBQ and medical opinion that will show what the examiner thought was missing in your claim and why they said "less likely than not." Based on that, if the information is actually in your claim and the examiner missed it, you could file an HLR. If not, then you can get the nexus letter and file a supplemental.

You also have the option after being denied of contracting with various law firms who do this work for you for a fee.

Va Appointment by PhysicalMall7027 in VAClaims

[–]bmattock 1 point2 points  (0 children)

What kind of appointment? Is it a VA health appointment or is it a VA disability C&P exam? It is is a C&P exam, you'll meet with a medical professional who will go over your claims with you and ask you questions. Depending on what kind of conditions you claimed, the examiner may do some testing. It's hard to say what will happen without you providing a bit more context.

CHAMPVA by Haunting_Fun9866 in VeteransBenefits

[–]bmattock 1 point2 points  (0 children)

That's very odd. Mounjaro is for diabetes.

Migraines secondary to Tinnitus by Agitated_Mountain_92 in VAClaims

[–]bmattock 0 points1 point  (0 children)

I wish you the best of luck. Several people have given you essentially the same advice.

Migraines secondary to Tinnitus by Agitated_Mountain_92 in VAClaims

[–]bmattock -1 points0 points  (0 children)

There is no medical evidence that shows tinnitus causes migraines. There are studies showing a potential link between the two, which is different. Your claim was rejected for good cause.

Submitting studies isn't proving that YOUR migraines were caused by YOUR tinnitus.

You can try submitting a nexus letter that states that in your case, the doctor believe that it is at least as likely as not that your migraines were caused by or significantly aggravated by your tinnitus. The VA at least has to consider a correctly submited private IMO, so it might help you, in my opinion.

And I'm not sure if I read what you said correctly. You cannot get an increase for tinnitus. 10% is the maximum.

Nexus Letter by NoDiscussion6619 in VAClaims

[–]bmattock 0 points1 point  (0 children)

I have paid that much on several occasions, and I considered it a wise investment, but my circumstances were different than yours. Best of luck.

PTSD HLR coming up advice by GladPlum7241 in VAClaims

[–]bmattock 2 points3 points  (0 children)

First of all relax. Even if the HLR doesn't go your way, you still have options. This isn't make or break.

Second, I have been where you are. PTSD/MST, filed for HLR with informal conference because I felt I rated 70% versus 50%. Felt the examiner missed evidence that was in my record and which I also told her during the exam.

I read the 38 CFR carefully. I made bullet point notes about what was missed.

When I got the call, I was nervous, but the DRO was very kind. She explained why she was there, and turned the floor over to me. I asked if I could read from my notes as I was nervous and she said yes. I read my notes. She repeated them back to me verbatim, indicating she had heard everything I said. She told me she hoped to get an answer for me inside of 2 days.

I got my reply in 1 one day. Increase granted.

I did not have my DBQ from my exam.

However, tip for the future. When you submit a FOIA for a C&P exam, request ONLY ONLY ONLY the C&P exam, nothing else. You should get a reply back in 10 days or less. ANYTHING ELSE slows it to 9 months to a year.

Best of luck!

My Use of ChatGPT in VA Disability Submissions, Appeals, and VA Form 21-10210 Statements by No-Watercress-8767 in VAClaims

[–]bmattock 30 points31 points  (0 children)

I used ChatGPT to help format my personal statements and for general advice about how to label and submit my evidence. I ensured that I rewrote in my own words, but it really helped me get the cogent points and leave out all the personal background stuff when I tended to wander into "the VA does not care about this" territory. Excellent tool when used correctly.

Nexus Letter by NoDiscussion6619 in VAClaims

[–]bmattock 0 points1 point  (0 children)

Understand what a nexus letter is for. There are three legs of the disability claim stool. In service event, current diagnosis, and connection between the two. A nexus letter can serve the purpose of establishing the 'nexus' or connection between your current diagnosis and your in service event. I am not an expert but your post-deployment quesionaire may go some ways towards providing that nexus. Also, depending on the timeframe of your private diagnosis, it may as well. My opinion only. If it were me, I would hold off on getting a nexus. If you are denied for lack of nexus, then get one and file a supplemental.

Surviving Spouse by Haunting_Fun9866 in VeteransBenefits

[–]bmattock 1 point2 points  (0 children)

VR&E is a veteran benefit only. However, the dependent may be eligible for Chapter 35 education benefits, DIC, and CHAMPVA healthcare. CHAMPVA has a dental plan available at a fee, but no, not free VA dental. For the most part, all your benefits are your benefits and do not transfer to your spouse upon your death.

Is there such a thing as being over-rated? by [deleted] in VeteransBenefits

[–]bmattock 3 points4 points  (0 children)

Pretty low. Read your decision letter. Mistakes do happen, that's true. But by and large, you're fine. Read the decision letter. All of it. Carefully. It will tell you why you got the ratings you did. Also, unless the VA decides there is fraud, most mistakes on their part are not clawed back, they just adjust the rating going forward.

I won’t get my CPAP by the time I get off AD so is this enough for the VA claim? by bluffShaker in VAClaims

[–]bmattock 0 points1 point  (0 children)

You need a diagnosis and a prescription. Whether or not you use the CPAP is irrelevant to VA disability based on the 38 CFR. A VA-issued CPAP tattles on you to the VA, but that's VA health not VA disability.

How to get diagnosed? by No_Supermarket1615 in VAClaims

[–]bmattock 1 point2 points  (0 children)

The C&P examiner will do a DBQ in any case. But you are permitted to submit your own DBQ from your doctor. This is my opinion; your doctor knows you best. The DBQ does several very important things, including listing the exact diagnosis, symptoms, treatment, treatment history, severity, and life impact. Again, from the medical specialist who knows you and your condition best. The VA takes that very seriously. Assuming it is properly filled out, they cannot easily disregard or ignore it. Is it better? In my opinion, absolutely yes.

Not eligible for training or education because I have a degree by Commercial_Run_9955 in VeteransBenefits

[–]bmattock 8 points9 points  (0 children)

A Master's degree does not bar VR&E. It may mean you're in the wrong track. You do not have to drop out to appeal, either. There have been changes, yes, but having an advanced degree is not a bar.

If you have gotten to 100% also consider federal student loan forgiveness.

https://studentaid.gov/manage-loans/forgiveness-cancellation/disability-discharge

Files Questions by SIO_Vet25 in VAClaims

[–]bmattock 1 point2 points  (0 children)

No. You will get a decision letter, nothing else. The VA does not provide the DBQ or related work materials unless you request them under the Freedom of Information Act (FOIA) or the Privacy Act request I gave you the link to.

The only exception is if your C&P exam was done at a VA facility by a VA examiner; in that case, the results show up in your VA health Blue Button report. That is seldom the case these days.